SERVICE AGREEMENT TERMS AND CONDITIONS GENERAL SERVICES This Service Agreement ("Agreement") applies to the purchase from FishingFoundry.com and its affiliates (collectively, "FISHINGFOUNDRY") of all services (collectively, the "Services") selected by Customer on the Service Order Form, incorporated by reference and attached hereto, if any.
FISHINGFOUNDRY reserves the right to modify its network and facilities used to provide the Services for purposes including but not limited to accommodating evolving technology and increased network demand, and providing enhanced services. FISHINGFOUNDRY shall use reasonable efforts to notify Customer of any planned changes to FISHINGFOUNDRY's network or facilities that may adversely affect the Services provided hereunder.

TERM This Agreement shall be for the term specified by Customer on the Service Order Form (the "Initial Term"). This Agreement will be automatically renewed, at the end of the Initial Term, on a month to month basis unless either party provides sixty (60) days written notice to the other of termination of this Agreement prior to the end of the then current term. The Initial Term and all month to month extensions thereof are collectively referred to herein as the "Term" of this Agreement. Customers may terminate this Agreement prior to the end of the Initial Term or any extension thereof in accordance with the Cancellation section herein.

BILLING AND PAYMENT Fees: During the term of this Agreement, Customer shall pay the fees for the Services that are set forth on the Service Order Form. In addition to such fees, FISHINGFOUNDRY may charge taxes, fees or assessments by governmental agencies and FISHINGFOUNDRY shall have the right, at any time, to pass through and invoice to Customer any new or increased taxes, fees, assessments or other charges imposed on or required to be collected by FISHINGFOUNDRY by any governmental agency. Customer shall also be responsible for paying all taxes, fees or assessments and other charges imposed on Customer by any governmental agency that may result from this Agreement, or any of the activities contemplated hereunder. Terms Of Payment: Invoices are due and payable upon receipt. If Customer, in good faith, disputes all or any portion of an invoice, Customer must, within sixty (60) days of the date of the invoice, (i) pay all undisputed amounts and (ii) provide FISHINGFOUNDRY with written notice of the details of the billing dispute, together with all supporting documentation. The parties agree to work diligently and in good faith to resolve all billing disputes. Disputed amounts found to be properly owed to FISHINGFOUNDRY shall be paid promptly following resolution of the dispute, together with the late-payment interest fee set forth below on such amount accrued from the 30th day following the date of the original invoice. All payments shall be made in U.S. currency. Service Continuation After Initial Term: The fees set forth in the Service Order Form are guaranteed during the Initial Term of this Agreement. If Customer continues to receive the Services after the Initial Term without entering into a new agreement or agreement extension, the fees charged after the Initial Term shall be at the then standard FISHINGFOUNDRY rates for such services, without discount, determined month to month. Service Charge: Customer will pay a late payment charge equal to 1.5% (or the highest amount permitted by law, whichever Is lower) per month or portion thereof on the outstanding balance of any invoice remaining unpaid thirty (30) days after the date upon which payment is due. Suspension Or Interruption Of Service For Non-Payment: In the event Customer's account becomes past due for more than thirty (30) days, or if FISHINGFOUNDRY has a reasonably held belief that Customer may be unable to pay its debts as they become due (i.e., is financially insecure), FISHINGFOUNDRY may, in its sole discretion, suspend, interrupt or disconnect the Services upon ten (10) days written notice to Customer. In the event of such suspension, interruption or disconnection, Customer may be required to post a deposit or such other security, as FISHINGFOUNDRY reasonably deems necessary in order to resume receiving the Services. In addition, if FISHINGFOUNDRY reasonably determines that Customer may be financially insecure, FISHINGFOUNDRY may require such other action of Customer as FISHINGFOUNDRY reasonably determines is necessary under the circumstances, including letters of credit, security deposit(s), restrictions on available credit or other action as FISHINGFOUNDRY may require from time to time regardless of Customer's then-current payment status on its account or its payment history on such account. Failure to satisfy FISHINGFOUNDRY's request for such action within timelines reasonably set by FISHINGFOUNDRY may result in immediate termination of service without further notice. Customer may not withhold or set off any payment for any reason without FISHINGFOUNDRY's prior written consent. FISHINGFOUNDRY shall have no liability for any loss or damage resulting from its suspension or termination of Services under this Agreement.

ACCEPTABLE USES Customer shall at all times adhere to the FISHINGFOUNDRY Acceptable Use Policy, as amended from time to time by FISHINGFOUNDRY effective upon posting of the revised policy on the FISHINGFOUNDRY website, currently located at http://www.fishingfoundry.com. Notwithstanding anything to the contrary contained herein, FISHINGFOUNDRY may immediately take corrective action, including disconnection or discontinuance of any and all Services, or terminate this Agreement in the event of notice of possible violation by Customer of the FISHINGFOUNDRY Acceptable Use Policy. In the event FISHINGFOUNDRY takes corrective action due to a violation of the FISHINGFOUNDRY Acceptable Use Policy, FISHINGFOUNDRY shall not refund to Customer any fees paid in advance of such corrective action.

CANCELLATION POLICY Customer may terminate this Agreement by giving FISHINGFOUNDRY at least sixty (60) days prior written notice. However, Customer remains obligated to pay all amounts remaining in the Initial Term and any extension thereof. In order to terminate early, Customer's primary contact person on the account should notify FISHINGFOUNDRY of such request to do so. In the case of credit card orders, all termination requests should be signed by Customer's primary contact person on the account who must provide the last four digits of the credit card on file with FISHINGFOUNDRY. However, FISHINGFOUNDRY shall not be liable for unauthorized termination of an account.

FISHINGFOUNDRY reserves the right to terminate this Agreement without cause prior to the end of the term upon sixty (60) days written notice to Customer, in which event FISHINGFOUNDRY will refund any fees for Services which Customer has paid in advance. Any termination of this agreement by FISHINGFOUNDRY or Customer shall not deprive either party of its rights or relieve either party of its obligations, in each case, as accrued prior to the date of termination, including, without limitation, Customer's obligation to pay for Services rendered prior to the date of termination.

IP ADDRESS OWNERSHIP FISHINGFOUNDRY shall maintain and control ownership of all IP numbers and addresses that may be assigned to Customer by FISHINGFOUNDRY and FISHINGFOUNDRY reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

CACHING Customer expressly (i) grants to FISHINGFOUNDRY a license to cache the entirety of Customer's Web Site, including content supplied by third parties, hosted by FISHINGFOUNDRY under this Agreement and (ii) agrees that such caching is not an infringement of any of Customer intellectual property rights or any third party's intellectual property rights.

BANDWIDTH AND/OR DISK USAGE Customer agrees that bandwidth and/or disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Service Order Form. FISHINGFOUNDRY reserves the right to monitor the customer's usage. If bandwidth or disk usage exceeds the agreed upon number of megabytes per month, FISHINGFOUNDRY, in its sole discretion, may assess additional standard charges, disconnect or discontinue any and all Services, or terminate this Agreement, in each case, upon ten (10) days advance written notice to Customer. In the event that FISHINGFOUNDRY elects to take such action, Customer shall not be entitled to a refund of any fees paid in advance of such corrective action.

EQUIPMENT Customer acknowledges that any hardware, software, and other equipment utilized by FISHINGFOUNDRY to provide the Services or supplied by FISHINGFOUNDRY to Customer for purposes of Customer receiving the Services (collectively, the "Equipment") is and remains the property of FISHINGFOUNDRY or its licensors. FISHINGFOUNDRY's sole liability for any malfunction or defect in the Equipment shall be the Service Level Agreements, if any, referenced in this Agreement or attached hereto and Customer's sole and exclusive remedy for such malfunction or defect shall be the remedies set forth in such Service Level Agreements.

FISHINGFOUNDRY reserves the right to substitute, change or modify the Equipment or any software utilized to provide the Services at any time.

FISHINGFOUNDRY may interrupt the Services at any time, without liability to Customer, to perform scheduled or emergency maintenance.

FISHINGFOUNDRY may, in its sole discretion, take corrective action, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, in the event Customer engages in or commits any of the following acts:

· Alter, modify or improperly use, including violations of FISHINGFOUNDRY's Acceptable Use Policy, any portion of the Equipment or software utilized to provide the Services

In the event that FISHINGFOUNDRY elects to take any corrective action, Customer shall not be entitled to a refund of any fees paid in advance prior to such corrective action. FISHINGFOUNDRY shall not have any liability to Customer in the event Customer engages in or commits any of the foregoing acts nor shall FISHINGFOUNDRY be liable to Customer for any corrective action taken.

DISCLAIMER OF WARRANTY Customer acknowledges and agrees that FISHINGFOUNDRY exercises no control over, and accepts no responsibility for, the content of the information passing through FISHINGFOUNDRY's host computers, network hubs and points of presence (the "FISHINGFOUNDRY Network") or the Internet. NOTWITHSTANDING ANY OTHER ORAL OR WRITTEN COMMUNICATIONS BETWEEN FISHINGFOUNDRY AND CUSTOMER ABOUT OR IN CONNECTION WITH THE SERVICES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FISHINGFOUNDRY, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, SUB-CONTRACTORS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR THE LIKE MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT FISHINGFOUNDRY PROVIDES. SUBJECT TO ANY SERVICE LEVEL AGREEMENTS SPECIFICALLY REFERENCED HEREIN, THE SERVICES AND EQUIPMENT PROVIDED UNDER OR ASSOCIATED WITH THIS AGREEMENT ARE PROVIDED ON AN "AS IS" BASIS. NEITHER FISHINGFOUNDRY, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, SUB-CONTRACTORS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. FISHINGFOUNDRY IS NOT LIABLE FOR THE CONTENT OR LOSS OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CLIENTELE VIA THE SERVICE(S) PROVIDED BY FISHINGFOUNDRY.

INDEMNIFICATION Customer will indemnify, save harmless, and defend FISHINGFOUNDRY and all directors, officers, employees, sub-contractors and agents of FISHINGFOUNDRY (collectively "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable attorneys' fees) arising out of or relating to the use of the Services by Customer, including any violation of the FISHINGFOUNDRY Acceptable Use Policy. Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries or damage to business.

LIMITATION OF LIABILITY IN NO EVENT SHALL FISHINGFOUNDRY, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, SUB-CONTRACTORS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (THE "FISHINGFOUNDRY GROUP") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, SUFFERED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF FISHINGFOUNDRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will the FISHINGFOUNDRY Group's liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual amount paid by Customer for the Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose. Some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, or the limitation of liability with respect to death or personal injury due to negligence, so that the above limitations or exclusions may not apply to Customer. In such jurisdictions, FISHINGFOUNDRY's liability (and the liability of its affiliates, agents, content providers and service providers) shall be limited to the greatest extent permitted by applicable law.

FORCE MAJEURE FISHINGFOUNDRY shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, breakdown or damage to machinery, equipment or software, malfunctioning of software, corruption of data, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services. In the event of such a Force Majeure, the party shall give the other party prompt written notice within ten (10) days of the Force Majeure. If any such event continues for a continuous period of thirty (30) days, Customer may terminate this Agreement.

INTELLECTUAL PROPERTY Customer represents and warrants that Customer's use of the Services shall not infringe the intellectual property or other proprietary rights of FISHINGFOUNDRY or any third party. Customer further acknowledges that all right, title and interest in any and all technology, including the software, that is part of or provided with the Services and any trademarks or service marks of FISHINGFOUNDRY or third parties utilized in connection with the Services (collectively, "FISHINGFOUNDRY Intellectual Property") are vested in FISHINGFOUNDRY and/or in FISHINGFOUNDRY's licensors. Unless otherwise specifically provided in this Agreement, Customer shall have no right, title, claims or interest in or to the FISHINGFOUNDRY Intellectual Property. Customer may not copy, modify or translate the FISHINGFOUNDRY Intellectual Property or related documentation, or decompile, disassemble or reverse engineer the FISHINGFOUNDRY Intellectual Property, to use it other than in connection with the Services, or grant any other person or entity the right to do so. Unless otherwise specifically provided in this Agreement, Customer is not authorized to distribute or to authorize others to distribute the FISHINGFOUNDRY Intellectual Property in any manner without the prior written consent of FISHINGFOUNDRY; provided, however, that nothing in this sentence would preclude Customer from using the FISHINGFOUNDRY Intellectual Property as incorporated in the Services. This paragraph shall not operate to extinguish, restrict, vary, waive or affect in any manner whatsoever any right, title or interest which Customer may now have or hereafter acquires in, or in relation to, the third-party software that is part of or provided with the Services solely to the extent such third-party licensors publicly provide such rights, title or interest in the third-party software to Customer.

CONFIDENTIAL INFORMATION Each party acknowledges that, in the course of the performance of this Agreement, it may have access to customer information and communications, including proprietary information claimed to be unique, secret, or confidential, and which constitutes the exclusive property and trade secrets of the other party or third parties ("Confidential Information"). Except as provided in FISHINGFOUNDRY's Acceptable Use Policy (AUP), each party agrees to maintain the confidentiality of the Confidential Information and to use the Confidential Information only to the extent necessary for legitimate business uses in connection with this Agreement. Upon request of either party or on termination or expiration of this Agreement, each party shall return the Confidential Information of the other party then in its possession. Nothing in this Agreement shall prohibit or limit either party's use of information which (a) is now, or hereafter becomes, publicly known or available through lawful means; (b) is rightfully in receiving party's possession, as evidenced by receiving party's records; (c) is disclosed to the receiving party without confidential or proprietary restriction by a third party who rightfully possesses and rightfully discloses the information; (d) is independently developed by the receiving party without any breach of this Agreement; (e) is the subject of a written permission to disclose provided by the disclosing party; or (f) is required to be disclosed by law, court order or request by any government or regulatory authority. Customer further agrees and acknowledges that FISHINGFOUNDRY may disclose Customer account information in accordance with FISHINGFOUNDRY's AUP and Privacy Policy, located at http://www.fishingfoundry.com, as amended from time to time by FISHINGFOUNDRY effective upon posting of the revised policy at the URL.

CUSTOMER DATA. Customer is solely responsible for all its content residing on FISHINGFOUNDRY servers, and except as otherwise agreed with FISHINGFOUNDRY, for the backup and restoration of such content.

MISCELLANEOUS

GOVERNING LAW. The validity, interpretation, enforceability, and performance of this Agreement shall be governed by and construed in accordance with the laws of the State of Colorado.

ENFORCEMENT OF AGREEMENT In the event it is necessary for FISHINGFOUNDRY to enforce its rights under this agreement, Customer agrees to pay all fees incurred by FISHINGFOUNDRY (including, but not limited to, attorney's fees and collection agency fees)

AMENDMENT OR WAIVER Except as otherwise provided herein, this Agreement may not be amended except upon the written consent of Customer and an officer of FISHINGFOUNDRY. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by any party of the time for performance of any act or condition hereunder shall not constitute a waiver of the act or condition itself.

ASSIGNMENT AND SEVERABILITY This Agreement shall be binding upon and inure to the benefit of Customer, FISHINGFOUNDRY and FISHINGFOUNDRY's respective successors, and assigns. Customer may not assign this Agreement without the prior written consent of FISHINGFOUNDRY, which consent will not be unreasonably withheld or delayed. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

NOTICES All notices to Customer hereunder shall be given at the Billing Address provided on the Service Order Form. All notices to FISHINGFOUNDRY hereunder shall be given to:

Legal Department Cybercom International Corp. 4309 Pablo Oaks Court, Suite 3, Jacksonville, FL 32224 Facsimile: 904-493-3105

Any notice hereunder shall be in writing and shall be given by registered, certified or Express mail, or reliable overnight courier addressed to FISHINGFOUNDRY at the address above and to Customer at the address provided in the Service Order Form; or by facsimile to FISHINGFOUNDRY via the above facsimile number and to Customer via the facsimile number provided in the Service Order Form; or by e-mail to the Customer at the e-mail address provided on the Service Order Form. In addition to notice to the above address, Customer must provide notice of its intention to terminate this Agreement by by emailing a request for cancellation to sales@fishingfoundry.com, or by mailing (by one of the means described in this section) a cancellation request to Fishing Foundry Termination Review, Cybercom International Corp., 4309 Pablo Oaks Court, Suite 3, Jacksonville, FL 32224. Notice shall be deemed to be given upon the earlier of actual receipt or three (3) days after it has been sent, properly addressed and with postage prepaid.

ENTIRE AGREEMENT This Agreement, and any other document or agreements specifically identified in this Agreement, supercedes all previous representations, understandings or agreements.

SURVIVAL The rights and obligations of the parties in this Agreement that would by their nature or context be intended to survive the expiration or termination of this Agreement shall so survive.

ACCEPTANCE OF SERVICES ACCEPTANCE OF THIS AGREEMENT BY FISHINGFOUNDRY MAY BE SUBJECT, IN FISHINGFOUNDRY'S ABSOLUTE DISCRETION, TO SATISFACTORY COMPLETION OF A CREDIT CHECK AND CONTINUED CREDIT WORTHINESS OF CUSTOMER. ACTIVATION OF SERVICE SHALL INDICATE FISHINGFOUNDRY'S ACCEPTANCE OF THIS AGREEMENT. USE OF THE FISHINGFOUNDRY NETWORK CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. CUSTOMER REPRESENTS AND WARRANTS THAT CUSTOMER HAS FULL AUTHORITY AND RIGHT TO ENTER INTO THIS AGREEMENT. CUSTOMER FURTHER REPRESENTS AND WARRANTS THAT CUSTOMER IS AT LEAST 18 YEARS OF AGE, AND THAT CUSTOMER IS NOT LOCATED IN A COUNTRY SUBJECT TO U.S. EMBARGOES, OR LISTED ON THE U.S. TREASURY DEPARTMENT'S LIST OF SPECIALLY DESIGNATED NATIONALS, OR LISTED ON U.S. COMMERCE DEPARTMENT'S DENIED PERSONS LIST OR ENTITIES LIST.